SHARPLINE NETWORK PRIVATE LIMITED,DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 23(1), DELHI, DELHI
What did the Tribunal hold?
The Tribunal found that communication gaps could not be ruled out and restored the appeal to the CIT(A) for fresh adjudication. This was done in the larger interest of justice.
What were the facts?
The assessee failed to appear before the CIT(A) due to communication gaps, leading to an ex-parte order. The assessee requested the matter be restored to the Assessing Officer.
What were the issues?
Whether the assessee was prevented by sufficient cause from appearing before the CIT(A) and if the matter should be remanded for fresh adjudication.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: “SMC” NEW DELHI
Before: SHRI SATBEER SINGH GODARA
Assessment Year: 2016-17 Vs. Deputy Sharpline Network Private Commissioner Limited Income Tax Circle-23(1) 38, Rashtriya Tower, Rani C R Building, ITO Jhansi Road, I.P.Estate Jhandewalan, New Delhi- 02 New Delhi- 55 PAN: AAFCS0526B (Appellant) (Respondent) Assessee by Sh. Tarun Chanana, Adv. Department by Sh. Ravi Kant Chaudhary, Sr. DR Date of hearing 06.04.2026 Date of pronouncement 06.04.2026 ORDER This assessee’s appeal for assessment year 2016-17, arises against the Commissioner of Income Tax (Appeals)-8 [in short, the “CIT(A)”], New Delhi’s case no. 10329/18-19 dated 26.12.2018 involving proceedings under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). Heard both the parties. Case file perused.
Learned counsel submits that on account of communication gaps at various levels, the assessee could not appear to plead and prove all the relevant facts in the lower appellate proceedings and Assessing Officer. The Revenue vehemently support the learned lower authorities action making addition(s) herein on merits.
Be that as it may, the fact remains that possibility of some communication gaps at various levels in such an instance could not be altogether ruled out. It is therefore deemed appropriate in the larger interest of justice to restore the assessee’s instant appeal back to the CIT(A) for his afresh appropriate adjudication, within three effective opportunities of hearing at the appellant’s risk and responsibility, in consequential proceedings. Ordered accordingly.
This assessee’s appeal is allowed for statistical purposes Order pronounced in the open court on 6th April, 2026
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